Attempt to halt David Bain re-trial fails

David Bain will stand trial for the murder of five of his family members in Dunedin in 1994.

Bain was previously convicted of the murders but after serving 12 years in prison, was granted a retrial by the Privy Council in May 2007.

Bain's lawyers had been awaiting a decision on an application for a stay of proceedings, following a hearing in the High Court at Christchurch.

But this afternoon the High Court dismissed the application and jury selection for the retrial is set for March 6.

Bain's lawyers are in the Supreme Court today appealing a separate court decision.

The appeal relates to a High Court decision on the admissibility of evidence. Today's arguments are expected to be suppressed.

- NZPA, NZ HERALD STAFF